Legal Opinion
Osmond v. Ewap, Inc.
California Court of Appeal
Decided March 28, 1984No. Civ. 67926PublishedCited by 19 opinions
1Opinion of the Court
Opinion
ARABIAN, J.
Introduction
This is an appeal by plaintiff Kenneth Osmond (Osmond) from the judgment dismissing his action 1 after the trial court grant ed respondent EWAP, Inc.’s (EWAP) 2 motion for summary judgment as to Osmond’s first cause of action for libel. We affirm the judgment on the ground that Osmond failed to raise a triable issue on the question of malice, an element of libel which must be proved to impose liability on a distributor which merely disseminates libelous material published by others. 3
Statement of Facts
Osmond’s complaint and his declarations submitted in…
2Cases cited37 opinions
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- Smith v. CaliforniaSupreme Court of the United States · 1960
- D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
- Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
- Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
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3Cited by19 opinions
- Shively v. BozanichCalifornia Supreme Court · 2003
- Barrett v. RosenthalCalifornia Supreme Court · 2006
- Hawran v. HixsonCalifornia Court of Appeal · 2012
- Matson v. DvorakCalifornia Court of Appeal · 1995
- TRADITIONAL CAT ASS'N., INC. v. GilbreathCalifornia Court of Appeal · 2004
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